Claimant appealed the dismissal of his motor accident claim, having admitted he sustained no injuries and filed no treatment records. The High Court found no basis to interfere with the Tribunal's dismissal and dismissed the appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.M.A.(MD)No.1403 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 02.01.2025
CORAM:
THE HONOURABLE MRS.JUSTICE R.KALAIMATHI
C.M.A.(MD)No.1403 of 2024
Hari Kishore Mehta
... Appellant
vs.
... Respondents
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1973, against judgment and decree dated 19.07.2018 passed in M.C.O.P.No.509 of 2014 on the file of the Motor Accidents Claims Tribunal / Special District Court for Motor Accident Cases, Madurai and to allow this C.M.A. by directing the tribunal to compensate the petitioner.
For appellant : Mr.B.A.Muruganantham For Respondents For R1 : No appearance For R2 : Mr.A.Ilango
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C.M.A.(MD)No.1403 of 2024
J U D G M E N T
This Civil Miscellaneous Appeal has been preferred by the claimant against the order of dismissal dated 19.07.2018 made in M.C.O.P.No.509 of 2014 passed by the Motor Accident Claims Tribunal / Special District Court for Motor Accident Cases, Madurai.
4. It is the specific evidence of P.W.1 / Claimant that he did not sustain any injuries. Contra to the same, he would also state that he was admitted in the hospital but no treatment record was filed. Even in the First Information Report also there is no mention about the fact that he sustained injuries in the accident. P.W.1 has stated that he has taken treatment at Government Hospital and at a private Hospital, Kappalur. In the absence of the treatment records, the Trial Court has held that he did not sustain any injuries and chose to dismiss the claim petition.
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C.M.A.(MD)No.1403 of 2024
5. In consideration of the above said details and in the absence of any
treatment records to prove the fact that on account of road traffic accident he sustained injuries, dismissal of the claim petition by the Tribunal does not warrant any interference by this Court.
5. Based on the aforesaid discussions and observations, this Civil Miscellaneous Appeal stands dismissed. There is no order as to costs.
02.01.2025
NCC : Yes/No Index : Yes / No Internet : Yes / No mac
To
2.The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.
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C.M.A.(MD)No.1403 of 2024
R.KALAIMATHI,J
mac
C.M.A.(MD) No.1403 of 2024
02.01.2025
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1 issue framed by the court
Whether the Tribunal erred in dismissing the injury claim where no treatment records were produced to prove injuries from the road traffic accident.
1 provisions across 1 enactments
Hari Kishore Mehta
M. Premkumar
The New India Assurance Company Limited, Dharmapuri Branch
R. Kalaimathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
